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Licensing
Agreement
This license
agreement is for the Total Zip Code Database software,
database, and documentation (hereinafter the “PRODUCT”). This is
an agreement between FMS, Inc. (FMS) as LICENSOR and you, the
LICENSEE.
YOU
MUST AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE YOU CAN
INSTALL OR USE THE SOFTWARE. IF YOU DO NOT ACCEPT THE TERMS OF THE
LICENSE AGREEMENT FOR THIS OR ANY FMS SOFTWARE PRODUCT, YOU MAY NOT
INSTALL OR USE THE SOFTWARE. YOU SHOULD PROMPTLY RETURN ANY FMS
SOFTWARE PRODUCT FOR WHICH YOU ARE UNWILLING OR UNABLE TO AGREE TO THE
TERMS OF THE FMS SOFTWARE LICENSE AGREEMENT FOR A REFUND OF THE
PURCHASE PRICE.Grant of License
The
PRODUCT is available on a per license basis. For each license
purchased, the LICENSEE is granted a non-exclusive right to install
one copy of the PRODUCT on one computer at one location. If you use
the PRODUCT on a multi-user computer system, the license covers all
users accessing the copy. FMS and the USPS reserves all rights not
expressly granted to LICENSEE.Additional
licenses may be purchased for your internal corporate or personal use,
or for multiple organizations. Sales or transfers of licenses must be
submitted in writing to FMS before the transfer takes place.
Ownership of the Software
The
PRODUCT is owned by FMS. The zip code data is owned by the United
States Postal Service (USPS) and licensed to FMS under license
#23901430017. FMS is a non-exclusive licensee of the United States
Postal Service.The
PRODUCT is protected by United States copyright laws, by laws of other
nations, and by international treaties. You must treat the PRODUCT
like any other copyrighted material except that you may make one copy
of the PRODUCT solely for backup or archival purpose, and you may
transfer the PRODUCT to a permanent storage device. Title and
ownership remains the property of FMS and the USPS. This license is
not a sale of the original PRODUCT or any copy.
Restrictions
If
you distribute or resell this PRODUCT outside your organization, you
must include it with an application that offers substantial value and
functionality beyond the PRODUCT.If
you claim copyright for an application that includes this PRODUCT, you
must mention: “Portions copyright by FMS, Inc. and the United States
Postal Service”
You
may not rent or lease the PRODUCT, but you may transfer the PRODUCT
and the accompanying subscription on a permanent basis provided you
retain no copies, the recipient agrees to the terms in this License
Agreement, and you have not distributed the PRODUCT to anyone else.
Ownership transfers must be reported to FMS, Inc. in writingLimited
Warranty
ALL
IMPLIED WARRANTIES OF THE PRODUCT, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO
SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THIS PRODUCT.Although
FMS, Inc. has tested this program and reviewed the documentation, FMS,
Inc. makes no warranty or representation, either expressed or implied,
with respect to this PRODUCT, its quality, performance,
merchantability, or fitness for a particular purpose. As a result,
this PRODUCT is licensed “AS-IS”, and you are assuming the entire
risk as to its quality and performance.
IN
NO EVENT WILL FMS, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR
INABILITY TO USE THIS PRODUCT OR ITS DOCUMENTATION.THE
WARRANTY AND REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE EXCLUSIVE
AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.
Some
states do not allow the exclusion or limitation of implied warrantees
or liability for incidental or consequential damages, so the above
limitations or exclusions may not apply to you. This warranty gives
you specific legal rights, you may also have other rights that vary
from state to state. |